CIV3701 ASSIGNMENT 1 2ND SEMESTER 2026
DUE 13 AUGUST 2026
QUESTION 1
(a) Briefly explain in general terms in what respect has the Constitution, 1996
affected the Law of Civil Procedure in South Africa.
The Constitution, 1996 has affected the Law of Civil Procedure in the following
significant respects:
Bill of Rights application: Section 8 provides that Chapter 2 (Bill of Rights) applies to "all
law", which includes the law of civil procedure. Various rights directly impact civil
procedure, including equality before the law (s 9), freedom and security (s 12), property
(s 25), access to adequate housing (s 26), and access to courts (s 34)
(Pete et al Civil Procedure 3ed (2017) 13-15).
Access to courts expanded: Section 38 broadened locus standi (legal standing) in
matters relating to infringement or threat to rights in the Bill of Rights, allowing persons
to approach court not only in their own interest, but also on behalf of others, as
members of a class, in the public interest, or as associations acting for their members
(Pete et al Civil Procedure 3ed (2017) 36-39).
Unconstitutional procedures invalidated: Various civil procedure provisions have been
declared unconstitutional. For example, in Coetzee v Government of the Republic of
, South Africa (1995), provisions allowing imprisonment of civil debtors were declared
unconstitutional. In Jaftha v Schoeman (2005), execution against immovable property
that would deprive a person of adequate housing was held to require judicial oversight
(Pete et al Civil Procedure 3ed (2017) 14).
Development of common law: Section 173 empowers superior courts to develop the
common law, taking into account the interests of justice. This has led to innovations
such as the abolition of arrest tanquam suspectus de fuga in Malachi v Cape Dance
Academy International (2010) (
Pete et al Civil Procedure 3ed (2017) 120-121; Malachi v Cape Dance Academy
International (Pty) Ltd and Others 2010 (6) SA 1 (CC)).
(b) Briefly explain in what respects the small claims courts have been made more
accessible and user-friendly to litigants than other courts.
Small Claims Courts have been made more accessible and user-friendly to litigants in
the following respects:
Self-representation: Legal representation is prohibited in Small Claims Courts (s 7 of the
Small Claims Court Act 61 of 1984). Litigants must appear in person, which eliminates
costly legal fees and makes the process more accessible to ordinary citizens. This self-
representation is facilitated by simplified procedures and relaxed rules of evidence
(Pete et al Civil Procedure 3ed (2017) 62, 486-487).
DUE 13 AUGUST 2026
QUESTION 1
(a) Briefly explain in general terms in what respect has the Constitution, 1996
affected the Law of Civil Procedure in South Africa.
The Constitution, 1996 has affected the Law of Civil Procedure in the following
significant respects:
Bill of Rights application: Section 8 provides that Chapter 2 (Bill of Rights) applies to "all
law", which includes the law of civil procedure. Various rights directly impact civil
procedure, including equality before the law (s 9), freedom and security (s 12), property
(s 25), access to adequate housing (s 26), and access to courts (s 34)
(Pete et al Civil Procedure 3ed (2017) 13-15).
Access to courts expanded: Section 38 broadened locus standi (legal standing) in
matters relating to infringement or threat to rights in the Bill of Rights, allowing persons
to approach court not only in their own interest, but also on behalf of others, as
members of a class, in the public interest, or as associations acting for their members
(Pete et al Civil Procedure 3ed (2017) 36-39).
Unconstitutional procedures invalidated: Various civil procedure provisions have been
declared unconstitutional. For example, in Coetzee v Government of the Republic of
, South Africa (1995), provisions allowing imprisonment of civil debtors were declared
unconstitutional. In Jaftha v Schoeman (2005), execution against immovable property
that would deprive a person of adequate housing was held to require judicial oversight
(Pete et al Civil Procedure 3ed (2017) 14).
Development of common law: Section 173 empowers superior courts to develop the
common law, taking into account the interests of justice. This has led to innovations
such as the abolition of arrest tanquam suspectus de fuga in Malachi v Cape Dance
Academy International (2010) (
Pete et al Civil Procedure 3ed (2017) 120-121; Malachi v Cape Dance Academy
International (Pty) Ltd and Others 2010 (6) SA 1 (CC)).
(b) Briefly explain in what respects the small claims courts have been made more
accessible and user-friendly to litigants than other courts.
Small Claims Courts have been made more accessible and user-friendly to litigants in
the following respects:
Self-representation: Legal representation is prohibited in Small Claims Courts (s 7 of the
Small Claims Court Act 61 of 1984). Litigants must appear in person, which eliminates
costly legal fees and makes the process more accessible to ordinary citizens. This self-
representation is facilitated by simplified procedures and relaxed rules of evidence
(Pete et al Civil Procedure 3ed (2017) 62, 486-487).
